private Bill

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Private Bill

Legislation that benefits an individual or a locality. Also called special legislation or a private act.

Many state constitutions prohibit the enactment of private bills or acts when a general law could apply. The prohibition of private bills, now more commonly known as special laws, applies to legislation that affects local governments or private individuals. Despite this constitutional language, private bills remain a part of the U.S. legislative process.

The constitutional disfavor of private bills is based on several concerns. The enactment of special legislation undermines the idea that laws apply to all persons in a state. The perception of favoritism reduces the credibility of the legislative process. The reality of special legislation is that the legislature fails to establish responsible and uniform statewide regulation of local government units and creates preferential and prejudicial discrimination between communities. Private bills also use legislative time and energy in small amounts, leaving the legislature less able to deal with general legislative business. Nevertheless, special legislative treatment of special problems is sometimes warranted.

Legislatures can evade the constitutional provisions banning private bills by drafting laws that apply to the entire state, at least on their face. For example, a special bill for one local unit of government or person can be drawn so that it appears to apply to all units or persons meeting specific criteria. The criteria actually limit its applicability to the one community or person the sponsors intend to affect. Population is the most common "bogus" criterion since it is easy to use. Thus, a law that applies only to "a county with a population of more than 50,000 and between 350,000 and 400,000 acres" appears on its face to apply generally to all counties in the state that match the criteria. This type of legislative drafting hides special legislation and makes it appear to be general.

Courts will uphold special legislation if the classifications in the act are "open," meaning that other units of government or individuals will come under the law if at any time they meet the criteria in the law. In the example above, the population of a county given in the law was 50,000. If another county reaches that level of population and has the same amount of acreage, it will fall under the legislation, thus making the classification open. If the class is fixed by the facts as of some point in time, the class is closed, and is stripped of the presumption that it is an honest classification related to a legitimate legislative purpose. The class is held to be descriptive of the target community or person and makes the legislation an invalid private bill.

Legislatures can limit the number of private bills either by examining them more critically or adopting statewide legislation that gives local units adequate powers to solve issues themselves, eliminating the need for private bills.

private Bill

in the constitutional law of the UK, a Bill that affects a private interest specially and is therefore different from a PUBLIC BILL. They are initiated by petition of persons outside Parliament, like local authorities or, in the past, railway companies. The main feature of the special standing orders that govern its passage are that the bill is sent to a select committee that will hear objectors providing they have LOCUS STANDI. See HYBRID BILL.
References in periodicals archive ?
The city has followed the procedures as though they were written into the special act.
She said the selectmen will have to review the special act, but she believes it would save the town money by not requiring the mailing of information to each voter.
We have a special act and we are obligated to follow it, whether it makes sense or doesn't make sense," she said.
The MOE passed a special act on standardizing public education in 2014, which prohibits kindergartens and after-school programs at public elementary schools to teach English before the third grade.
Summary: Miley Cyrus to team up with Elton John for a special act at the 60th Grammy Awards
In general, all textile products for infants are regulated under the Special Act on Safety Management of Childrens Products Enactment of Common Safety Standards of Childrens Products and Safety Confirmation Act Annex 1 Textile Product for Infants.
Palli Sanchay Bank, which was formed in 2016 through a special act, has branches in every upazila, the report said.
Thousands took to the streets to watch the race, which required a special Act of Parliament - the Birmingham Road Race Bill in 1985.
CAMPAIGNERS against the " draconian" Armed Forces Special Powers Act ( AFSPA) led by Irom Sharmila got a major boost when the Supreme Court in a landmark direction on Friday said armed forces or police cannot use " excessive or retaliatory force" in even areas declared ' disturbed' where this special Act is applicable.
SOME of Newcastle's last surviving Normandy veterans are to gather for a special act of remembrance this weekend.
The government unveiled on March 24 its bill to promote local economies: the Special Act on Regulation Free Zones if passed by the National Assembly.
Perhaps the IEA should take the time to inform us of their thinking on this matter while admitting also that equalisation is an international norm, not some special act of grace and favour applicable to Wales and that the favoured southeast of England derives huge benefit from the rest of the UK nations and regions.

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